[HISTORY: Adopted by the Common Council of the City of Kingston 2-7-2023 by L.L. No. 2-2023, approved 2-23-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Technique for agricultural disease and pest control in which
as many pest control methods as possible are used in an ecologically
harmonious manner to keep infestation within manageable limits.
A pesticide that is a naturally occurring substance or microorganism
that controls pests in a nontoxic manner, or, if approved by the Conservation
Advisory Council, the least toxic method possible.
A problem-solving strategy that prioritizes a natural, nontoxic
approach to turf grass and landscape management without the use of
toxic and synthetic pesticides. It mandates the use of natural, nontoxic,
or, as a last resort with the Conservation Advisory Council approval,
least toxic cultural practices that promote healthy soil and plant
life as a preventative measure against the onset of turf and landscape
pest problems.
Essential NPM practices include, but are not limited to:
Regular soil testing;
Addition of approved soil amendments as necessitated by soil
test results, following, but not limited to, the recommendations of
the Northeast Organic Farmers' Association (NOFA) New York Chapter's
Organic Land Care Program as listed in NOFA's Standards for Organic
Land Care guidance documents and/or the USDA National Organics Program
and any updates thereof;
Selection of plantings using criteria of hardiness; suitability
to native conditions; drought, disease and pest-resistance; and ease
of maintenance;
Using, with the Conservation Advisory Council recommendation,
the least toxic organic, or nontoxic, nonorganic, products as some
organic products are toxic;
Modification of outdoor management practices to comply with
organic;
The use of physical controls, including hand-weeding and over-seeding;
The use of biological controls, including the introduction of
natural predators, and enhancement of the environment of a pest's
natural enemies;
Through observation, determining the most effective treatment
time, based on pest biology and other variables, such as weather and
local conditions; and
Eliminating pest habitats and conditions supportive of pest
population increases.
Any insect, rodent, fungus, weed; or
Any other form of terrestrial or aquatic or animal life or virus,
bacteria, or other microorganism (except viruses, bacteria or other
microorganisms ordinarily present on or in humans or living animals)
which the commissioner of the New York State Department of Environmental
Conservation declares to be a pest.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest; and any substance or
mixture of substances intended for use as a plant regulator, defoliator
or desiccant. It shall include all pesticide products registered as
such by the United States Environmental Protection Agency and the
New York State Department of Environmental Conservation, and all products
for which experimental use permits and provisional registrations have
been granted by the United States Environmental Protection Agency
and the New York State Department of Environmental Conservation.
Any substance that is harmful to human health and the environment.
It is recognized that, by their very nature, pesticides and herbicides
are toxic to those pests they are designed to eliminate. The concern
of this chapter is to limit pesticides' toxicity to humans and
environmental assets including, but not limited to, water quality,
soil quality, and air quality, while preventing pests from multiplying
and thereby endangering such protected entities. A pesticides'
relative toxicity to humans, water, soil, and air, shall be the standard
that should govern the determination as to which pesticides should
be utilized.
A.
The City of Kingston agrees with the determination of the U.S. Environmental
Protection Agency (EPA) that "all pesticides are toxic to some degree...,
and the commonplace, widespread use of pesticides is both a major
environmental problem and a public health issue."
B.
The City of Kingston recognizes that all residents, particularly
children, as well as other inhabitants of our natural environment,
have a right to protection from exposure to hazardous chemicals and
pesticides, in particular.
C.
The City of Kingston recognizes that a balanced and healthy ecosystem
is vital to the health of the City and its citizens; and as such is
also in need of protection from exposure to hazardous chemicals and
pesticides, in particular.
D.
The City of Kingston recognizes that it is in the best interest of
public health to eliminate the use of toxic pesticides on City-owned
land, and to introduce and promote natural, nontoxic, or as a last
resort and with the Conservation Advisory Council recommendation,
least toxic management practices to prevent and when necessary, control
pest problems on City-owned land and- leased land.
E.
Therefore, the City of Kingston seeks to implement nontoxic pest
management (NPM) on City-owned and- leased lands.
The City of Kingston hereby adopts the precautionary principle
(as defined by the Wingspread statement) as the basis for its nontoxic
pest management (NPM) policy. The precautionary principle states:
"When an activity raises threats of harm to the environment
or human health, precautionary measures should be taken, even if some
cause and effect relationships are not yet fully established."
The City of Kingston hereby adopts an NPM policy that mandates
the following on all properties where the City is responsible to maintain
the area of concern, including lawns, and grassy areas:
A.
That the use and application of toxic chemical pesticides, either
by City of Kingston employees or by private contractors, for the purpose
of turf and landscape maintenance, is prohibited on all lands maintained
by the City of Kingston;
B.
That, if toxic products must be used, based upon a waiver or exemption,
then natural, least toxic turf and landscape cultural practices and
maintenance shall be the method of choice to understand, prevent,
and control potential pest problems;
C.
That all control products used under the terms of this policy shall
be in keeping with, but not limited to, those products on the approved
list of the Northeast Organic Farming Association of New York or approved
by the Conservation Advisory Council;
D.
That City of Kingston employees who work with turf grass and the
landscape receive education and training in natural, least toxic turf
and landscape management to be coordinated by the Conservation Advisory
Council, if, in its opinion and discretion, such training is necessary.
All turf and landscape pest management activities taking place
on land maintained by the City of Kingston shall be subject to this
chapter, except as follows:
A.
Pesticides or classes of pesticides classified by the United States
Environmental Protection Agency as not requiring regulation under
the federal insecticide, fungicide and rodenticide act under 40 CFR
152.25, and therefore exempt from such regulation when intended for
use and used only in the manner specified.
B.
Biological pesticides, such as bacillus thuringiensis or milky spore
that are not genetically modified.
C.
Pesticides in contained baits for the purpose of rodent control.
D.
Control of poison ivy and poison oak that constitutes a health hazard.
E.
Control of ticks.
F.
Any property, or categories of properties, as recommended from time
to time by the Conservation Advisory Council and approved by the Mayor
of the City of Kingston.
A.
Any City agency or contractor may apply to the Conservation Advisory
Council for a single-use waiver of the restrictions established pursuant
to this article. Such application shall be in a form and manner prescribed
by the Conservation Advisory Council and shall contain such information
as the committee deems reasonable and necessary to determine whether
such waiver should be granted. The Conservation Advisory Council may
grant such waivers by a majority vote of the voting membership, not
merely a majority of those present and voting.
(1)
In determining whether to grant or deny a request for a waiver, the
Conservation Advisory Council shall consider.
(2)
No waiver shall be approved unless the following conditions have
been met:
(a)
Any pesticide used of all available choices must have the least
acute and chronic toxic effect on human health or safety; and
(b)
The applicant must submit a plan demonstrating how underlying
causes of the pest outbreak will be addressed in a manner consistent
with this article to prevent future outbreaks.
B.
If a pest situation poses an immediate threat to human health and
warrants the use of pesticides that would otherwise not be permitted
under this article, the Mayor shall have the authority to grant a
temporary emergency waiver for a period of 30 days. Notice of the
waiver request shall be given to the Conservation Advisory Council
for advice on resolving the problem without the use of pesticides.
C.
All waivers may be extended for one additional period not to exceed
six months at the discretion of a majority vote by the voting membership
of the Conservation Advisory Council and/or the Mayor of the City
of Kingston. Nothing in this waiver provision prohibits the City of
Kingston from adopting additional waivers via resolution for as long
as the condition exists.
D.
Any City Department and or any persons performing services for such
entities using a pesticide under such a waiver must comply with all
applicable federal and state laws regarding pesticide use and the
Ulster County pesticide neighbor notification law.
